Introduction of BNS Section 233
BNS 233 of the Bharatiya Nyaya Sanhita focuses on protecting the integrity of judicial proceedings by criminalizing the use of false evidence. This section makes it clear that anyone who knowingly uses fabricated or false evidence in a legal case will face the same punishment as the person who created or gave that false evidence. By treating the use of such evidence equally seriously, the law ensures that no one can misuse the judicial process or manipulate courts to secure unfair outcomes. It plays a vital role in maintaining justice, honesty, and accountability in India’s legal system.
The Bharatiya Nyaya Sanhita (BNS) Section 233 replaces the old Indian Penal Code (IPC) Section 196.
- Introduction of BNS Section 233
- What is BNS Section 233 ?
- BNS 233 in Simple Points
- Section 233 BNS Overview
- BNS 233 Punishment
- BNS 233 bailable or not ?
- Bharatiya Nyaya Sanhita Section 233
- BNS Section 233 FAQs
- If you need support with court proceedings or any other legal matters, don’t hesitate to reach out for assistance.
What is BNS Section 233 ?
BNS Section 233 makes it a crime to use or attempt to use any evidence that a person knows to be false or fabricated in a court of law. The person doing so is punished as if they had fabricated or given the false evidence themselves, ensuring that no one can benefit from introducing false material into legal proceedings.
Under Section 233 of the bns act 2023
“Whoever corruptly uses or attempts to use as true, any evidence which they know to be false or fabricated, shall be punished in the same manner as if they had given or fabricated false evidence themselves.”
1. Meaning of the Section
This section punishes anyone who knowingly uses or attempts to use false or fabricated evidence in court. It makes no difference whether the person created the false evidence or simply used it—both are treated the same. The law ensures that no one can escape liability by claiming they did not fabricate the evidence but only presented it.
2. Who is Covered?
- Individuals using false documents → Example: forged papers, fake contracts, or altered identity documents.
- Parties in a case → Plaintiffs, defendants, or their representatives who knowingly use false evidence.
- Witnesses or third parties → Anyone presenting false testimony or evidence with knowledge of its falsity.
3. Nature of the Offence
- Non-cognizable → Police cannot arrest without a warrant.
- Bailable or Non-bailable → Depends on the seriousness of the false evidence. If giving such evidence is bailable, using it is also bailable; if non-bailable, using it is also non-bailable.
- Triable by same court → The case will be heard in the same court that tries offences of giving or fabricating false evidence.
4. Examples of BNS Section 233
- Example 1 – Fake Document in Property Dispute
A person submits a forged land deed in court to claim ownership. Even though they didn’t forge it themselves, knowingly using it makes them guilty under Section 233. - Example 2 – False Witness Statement
During a criminal trial, an accused submits a written statement from a witness that they know was fabricated. By using it as genuine, the accused is guilty under this section. - Example 3 – Not Guilty Case
If someone unknowingly submits a document believing it to be genuine (without knowledge of forgery), they are not guilty under Section 233.
5. Punishment under BNS Section 233
- Imprisonment → Same as punishment for giving or fabricating false evidence.
- Fine → Court may impose fines depending on seriousness.
- Both → In major cases, both imprisonment and fine can be imposed.
6. Importance of BNS Section 233
- Maintains truthfulness in court proceedings.
- Ensures that no one can benefit from false documents or testimonies.
- Strengthens judicial integrity by treating use of false evidence as seriously as fabrication.
- Protects innocent people from being harmed by deceptive tactics.
Section 233 BNS Overview
BNS Section 233 criminalizes the act of corruptly using, or attempting to use, false or fabricated evidence in legal proceedings. If a person knowingly uses such evidence to mislead the court, they are punished as though they had given or fabricated the false evidence themselves. This section maintains the integrity of the judicial process by penalizing the deceptive use of false evidence.
10 Key Points of BNS Section 233
- Knowingly Using False Evidence:
BNS Section 233 applies when a person knowingly uses or attempts to use evidence that is false or fabricated. It is important that the person is aware of the false nature of the evidence they are presenting in court. This provision ensures that individuals cannot feign ignorance when submitting false documents, testimonies, or other misleading materials. - Same Punishment as Giving False Evidence:
The section treats the use of false evidence with the same seriousness as giving or fabricating false evidence. The individual using the false evidence faces the same punishment as the person who originally created or falsified the evidence. This discourages the use of fraudulent evidence to sway court decisions. - Corrupt Intent:
For a person to be prosecuted under BNS Section 233, there must be evidence of corrupt intent. This means that the person deliberately used the false evidence with the goal of misleading the court or influencing the outcome of a legal case. - Application in Judicial Proceedings:
The section applies only in judicial proceedings, which includes any formal legal process before a judge or magistrate. Whether the false evidence is a forged document, tampered testimony, or any other misleading material, it must be used in a court or legal investigation. - Non-Cognizable Offence:
The offence under BNS Section 233 is classified as non-cognizable. This means that the police cannot arrest the accused without a warrant. It is a serious but non-immediate crime, requiring judicial oversight before taking action against the accused. - Bailable or Non-Bailable:
Whether the offence is bailable or non-bailable depends on the nature of the false evidence. If the underlying offence of giving false evidence is bailable, then using it would also be bailable. If it is non-bailable, the offence of using false evidence will be treated as non-bailable as well. - Court of Trial:
Cases under BNS Section 233 are tried in the same court that handles cases of giving or fabricating false evidence. This ensures consistency in handling cases where false evidence is involved and that the legal implications are well understood by the presiding judge or magistrate. - Imprisonment for False Evidence:
The punishment for using false evidence can include imprisonment. The length of imprisonment will be determined based on the gravity of the false evidence used and its impact on the judicial proceedings. For serious cases, the imprisonment may extend to several years. - Fine as Punishment:
In addition to imprisonment, the court may impose a fine on the individual who uses false evidence. The fine is designed to penalize the person financially for their corrupt actions and discourage others from engaging in similar activities. - Judicial Integrity Protection:
BNS Section 233 plays an essential role in protecting the integrity of the judicial process. By punishing those who attempt to deceive the court, it ensures that legal proceedings are based on truthful and genuine evidence, maintaining fairness and justice.
2 Examples of BNS Section 233
- Example 1:
E is involved in a property dispute and submits a forged document in court, knowing it to be false, to strengthen their claim. E is later discovered to have used false evidence, and under BNS Section 233, they are prosecuted and punished as if they had fabricated the document themselves. - Example 2:
F, during a criminal trial, uses a witness statement that they know was altered to favor their case. When the court uncovers that the statement was knowingly used with false information, F is charged under BNS Section 233 and faces the same punishment as if they had provided the false testimony themselves.
BNS 233 Punishment
- Imprisonment:
The punishment for using false evidence is the same as for fabricating false evidence, which can include imprisonment for a period depending on the gravity of the false evidence and its impact on the legal proceedings. - Fine:
In addition to imprisonment, the person may also face a fine for using false evidence. The fine is determined by the court based on the severity of the offence and the circumstances surrounding the use of the false evidence.
BNS 233 bailable or not ?
The offence under BNS Section 233 can be bailable or non-bailable depending on the underlying false evidence used. If the offence of giving false evidence is bailable, using it will also be bailable. If it is non-bailable, then using false evidence will be treated as non-bailable.
Comparison Table: BNS 233 vs IPC 196
| Aspect | BNS Section 233 | IPC Section 196 |
|---|---|---|
| Focus | Punishes anyone who knowingly uses false or fabricated evidence in judicial proceedings. | Punished corrupt use of evidence known to be false in legal proceedings. |
| Scope | Applies to all judicial proceedings where false evidence is knowingly used. | Applied to court trials and legal processes where evidence was misused. |
| Punishment | Same punishment as if the person had fabricated or given false evidence (imprisonment, fine, or both). | Similar punishment for knowingly using false evidence, linked to fabricating false evidence provisions. |
| Cognizability | Non-cognizable – police need a warrant to arrest. | Non-cognizable – same rule applied under IPC. |
| Bailability | Depends on underlying false evidence offence – can be bailable or non-bailable. | Also depended on the nature of the false evidence offence. |
| Trial Court | Tried by the same court that tries offences of giving or fabricating false evidence. | Tried by courts handling cases of false evidence under IPC. |
BNS Section 233 FAQs
What does BNS Section 233 cover?
BNS Section 233 covers the use or attempted use of false or fabricated evidence in judicial proceedings. It punishes individuals who knowingly use such evidence to deceive the court.
What is the punishment under BNS Section 233?
The punishment is the same as that for giving or fabricating false evidence, which can include imprisonment, fines, or both, depending on the severity of the case.
Is BNS Section 233 a cognizable offence?
No, it is a non-cognizable offence, meaning the police cannot arrest the accused without a warrant.
Is the offence under BNS Section 233 bailable?
Whether the offence is bailable or non-bailable depends on the underlying offence of giving false evidence. If the false evidence is part of a bailable offence, the use of it will also be bailable, and vice versa.
Who tries cases under BNS Section 233?
Cases under BNS Section 233 are tried by the court that handles cases of giving or fabricating false evidence, ensuring that the judicial body is equipped to deal with such matters.
What is the importance of BNS Section 233?
BNS Section 233 helps protect the integrity of the judicial process by ensuring that no one can manipulate the court by knowingly using false or fabricated evidence. It acts as a deterrent against using dishonest tactics to influence legal outcomes.
Conclusion
BNS Section 233 is an important safeguard in India’s justice system. It ensures that false or fabricated evidence cannot be used to influence judicial proceedings. By punishing the user of such evidence the same way as its creator, the law closes loopholes and prevents people from escaping liability. This strengthens the rule of law, protects innocent people, and ensures fairness in trials. For anyone involved in legal proceedings, Section 233 serves as a reminder that honesty and truth are the foundation of justice.
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